The new EU Pact on Migration and Asylum, which entered into force on June 12, 2026, represents a reform of the common European asylum system. Compared to other European Union member states, Slovakia appears to be legislatively prepared for the implementation of the pact, as it is among the countries that have already adopted the necessary legal amendments at the national level.
In Slovakia, this reform has translated into a new Act on International Protection, which entered into force on June 12, 2026, completely replacing the previous Act on Asylum. Among other things, the new legislation introduces proceedings for granting international protection, the procedure for providing temporary refuge, and the residence regime in asylum facilities, while simultaneously unifying European terminology. Thus, the term "applicant for international protection" is introduced to replace the former "asylum seeker," and "foreigner granted subsidiary protection" replaces "person provided with subsidiary protection."
From the perspective of protecting fundamental rights and procedural guarantees, the most fundamental change is the introduction of a special asylum procedure directly at the external borders of the European Union. Under this accelerated regime, applications for international protection must be decided within a time limit of 12 weeks, though in exceptional cases this period may be extended to 16 weeks, including the appeals procedure.
However, such strictly set time limits carry serious systemic risks. The shortness of the procedural timeframes is directly linked to a lack of time for the proper identification of vulnerable persons. State authorities will have to detect the specific needs of applicants within a limited timeframe, including mental illnesses or past traumas, the diagnosis of which requires longer-term expert assessment and the presence of a qualified interpreter. If the access of lawyers, psychologists, and social workers to border asylum facilities is hindered both administratively and physically, the process of identifying vulnerability could be further crippled.
We view the introduction of free legal counseling as early as the first-instance proceedings positively. The law allows this counseling to be provided both in groups and via technical equipment designed for audio and video transmission. According to the law, such counseling does not preclude the subsequent provision of individual free legal counseling to a specific applicant, particularly through non-governmental organizations; therefore, it is important to inform them of this option.
However, effective legal assistance requires individual, confidential communication and cannot be limited to a one-way transfer of information. The group format does not ensure the discretion necessary for applicants for international protection to speak without fear about sensitive aspects of their case, such as persecution, torture, or sexual violence. Furthermore, such a format makes it impossible to build the necessary trust.
The Pact on Migration and Asylum also introduces the principle of mandatory but flexible solidarity among EU member states. Political debate in Slovakia has long been limited to rejecting relocations and financial contributions, even though the common system will not function without these mechanisms. Yet, ten years ago, during its Presidency of the Council of the European Union, representatives of the Slovak Republic themselves promoted the concept of so-called effective solidarity, which was intended to include multiple forms of assistance, including personnel support, expertise, or technical equipment for the Frontex agency.
Without common solidarity, the burden of migration processes will remain exclusively on the countries of first entry, which will negatively affect the quality of the asylum procedure and compliance with the fundamental rights of foreigners.
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